Wilke Fleury Obtains Quick Dismissal for Mortgage Lender

Wilke Fleury obtained an order from the San Diego County Superior Court dismissing its client—a large mortgage lender—from a piece of highly contested litigation. In the case, Wilke Fleury’s client was sued by a borrower who was attempting to rescind his home loan nearly three years after the transaction was consummated. After Wilke Fleury’s initial motion resulted in the plaintiff amending his complaint, Wilke Fleury again moved for dismissal on the basis that the amendments failed to state a legally cognizable claim. Over the strenuous opposition of plaintiff and his attorney, the court agreed with Wilke Fleury partner Dan Baxter’s argument that no degree of further amendment could cure the defective character of the plaintiff’s action. As a result, the court dismissed the action in full.